TN 17 (11-23)
NL 00711.135 Reconsideration Paragraphs
7200. FOREIGN RECONSIDERATION PARAGRAPH
If you believe that this determination is not correct, you may request that your case
be reexamined. If you want this reconsideration you must request it not later than
60 days from the date you receive this notice. You may make any such request through
(a), (b), (c), (d)
or (e) . If additional evidence is available, you should submit it with your request.
- (a)
-
the nearest Social Security office.
- (b)
-
the Social Security Administration, Post Office Box 17769, Baltimore, Maryland 21203.
- (c)
-
the U.S. Veterans Administration, SSA Unit, 1131 Roxas Boulevard, Manila, Philippine
Islands.
- d)
-
American Embassy, Consular Section, Federal Benefits Unit, Athens, Greece.
- (e)
-
the nearest United States Foreign Service post.
Please read the enclosed publication for a full explanation of your right to question
the determination made on your claim.
NOTE TO TYPIST: When the last paragraph above is used, enclose SSA
Publication No. 76-10058 (or current revision.)
7205.A PHILIPPINE HEARING PARAGRAPH
This action resulted from our reconsideration of your claim and replaces our previous
determination.
7205.B ADDRESS, VARO, MANILA
If you believe that the Reconsideration Determination is not correct, you may request
a hearing before an administrative law judge of the Office of Disability Adjudication
and Review. However, since no provision has been made for hearings to be held outside
the United States, you would have to come into the United States at your own expense;
or, an administrative law judge would review your claim and make a decision on the
basis of evidence already received plus any additional written evidence you may submit.
If you desire a hearing or review by an administrative law judge, you must request
it no later than 60 days from the date you received this notice. Address your request
to the United States Veterans Administration, Social Security Administration Unit,
1131 Roxas Boulevard, Manila, Philippines. If additional evidence is available, you
should submit it with your request.
7210. DEDUCTION FOR EXCESS EARNINGS
Section 203(b) of the Social Security Act provides that deductions shall be made from
any payment or payments to which an individual is entitled until the total of such
deduction equals the amount of their monthly benefit, if for the month in question,
they are charged with excess earnings.
7212. PENALTY DEDUCTION
Section 203(g) of the Social Security Act provides that any individual in receipt
of benefits subject to deductions under section 203(c) of the Act shall suffer a penalty
deduction(s), if they fail to report the deduction event to the Social Security Administration
prior to the receipt and acceptance of an insurance benefit for the second month following
the month in which the deduction event occurred.
7214. LATE FILING OF ANNUAL REPORT PENALTY DEDUCTION
Section 203(h)(1) of the Social Security Act provides that if an individual is entitled
to any monthly insurance benefits during any taxable year in which the amount of their
earnings for social security purposes are in excess of the product of $
(a) times the number of months (b) , the individual shall make a report to the Social Security Administration of their
earnings for the taxable year. The report shall be made on or before the fifteenth
day of the fourth month following the close of the year.
If the individual fails to make the report within the above time limit for any taxable
year, and any deduction is imposed under section 203(b) of the Act be reason of their
earnings for such year, they shall suffer a penalty deduction(s).
- (a)
-
Use applicable “fill-in”
- (b)
-
Show year involved
7216. “GOOD CAUSE” FOR FAILURE TO FILE REQUIRED REPORT
Section 203(1) of the Social Security Act provides that the failure of an individual
to make the report required by section 203(g) or 203(h)(1) within the time limit shall
not be regarded as a failure, if it is shown that the individual had good cause for
failing to make the report in the given time period.
7218. RECOVERY AGAINST EQUITY AND GOOD CONSCIENCE (BOTH ENTITLEMENT AND DEDUCTION OVERPAYMENTS)
Section 204(b) of the Social Security Act provides that the Social Security Administration
will not recover an overpayment from any person liable for the incorrect payment who
is without fault, if recovery would defeat the purpose of Title II of the Social Security
Act or would be against equity and good conscience.
7218.1 “WITHOUT FAULT” DEFINED IN ENTITLEMENT OVERPAYMENT
Section 404.507, Regulations No. 4 of the Social Security Administration provides
that the word “fault” as used in the term “without fault” applies to the person who is liable, even though the Social Security Administration
may have been at fault in making the overpayment.
What constitutes fault on the part of the overpaid individual depends on whether the
facts show that overpayment resulted from:
- (a)
-
An incorrect statement by the individual which they knew or should have known to be
incorrect; or
- (b)
-
A failure by the individual to furnish information which they knew or should have
known to be material; or
- (c)
-
The individual accepted a payment which they either knew or could have been expected
to know was incorrect.
7218.2 DEFINES “DEFEAT THE PURPOSE OF TITLE II”
Section 404.508, Regulations No. 4 of the Social Security Administration provides
that the term “Defeat the purpose of Title II” means to deprive a person of income required for ordinary and necessary living expenses.
7218.3 DEFINES “AGAINST EQUITY AND GOOD CONSCIENCE”
Section 404.509, Regulations No. 4 of the Social Security Administration provides
that the term “Against equity and good conscience” means that recovery of the overpayment would be considered inequitable if, upon receipt
of the overpaid benefit, the individual: (1) relinquished a valuable right, or (2)
changed their position for the worse.
7218.4 DEFINES “WITHOUT FAULT” IN A DEDUCTION OVERPAYMENT
Section 404.510, Regulations No. 4 of the Social Security Administration provides
that an individual is without fault when a deduction/overpayment occurs if it is shown
that the overpaid individual's failure to report the event calling for a deduction,
or their acceptance of the overpayment was due to one of the following circumstances:
7218.5 DEFINES “FAULT” IN A DEDUCTION OVERPAYMENT
Section 404.511, Regulations No. 4 of the Social Security Administration provides
that an individual is at “fault” when a deduction-overpayment occurs and the Social Security Administration has evidence
showing: (1) either a lack of good faith existed on the part of the overpaid individual,
or (2) there was failure on their part to exercise a high degree of care in determining
whether circumstances which might cause deductions from their benefits should have
been brought to the attention of the Administration by an immediate report or by return
of a benefit check.
7229. AFFIRMATION OF DISALLOWANCE—SOCIAL SECURITY ACT
Upon reconsideration, the disallowance of this claim is affirmed as being correct
and in accordance with the law.
AUTHORITY: Social Security Act, as amended, . . . .
7230. AFFIRMATION OF DISALLOWANCE—LAW AND REGULATIONS
Upon reconsideration, the disallowance of this claim is affirmed as being correct
and in accordance with the law and regulations.
AUTHORITY: Social Security Act, as amended, . . . .
7235. “A” ENTITLEMENT—INSURED STATUS, AGE, APPLICATION
Section 202(a) of the Social Security Act provides that retirement insurance benefits
are payable to a person who is fully insured, has reached age 62, and has filed application
for a monthly retirement insurance benefit.
7235.1 “B” ENTITLEMENT—INSURED STATUS, AGE, APPLICATION
Section 202(b) of the Social Security Act provides that a spouse's insurance benefit
is payable to the spouse of an individual entitled to a retirement or disability insurance
benefit, if the spouse has filed application for spouse's insurance benefits, and
has attained age 62.
7235.2 “B2” (SPOUSE) — INSURED STATUS, AGE, APPLICATION, CHILD IN CARE
Section 202(b) of the Social Security Act provides that a spouse's insurance benefit
is payable to the spouse of an individual entitled to a retirement or disability insurance
benefit, if the spouse is under age 62, has filed application for spouse's insurance
benefits, and has in their care, at the time of filing their application, a child
entitled to child's insurance benefits on the basis of their spouse's earnings.
7235.3 DIVORCED SPOUSE—INSURED STATUS, AGE, APPLICATION, SUPPORT
Section 202(b) of the Social Security Act provides that a divorced spouse of an individual
entitled to retirement or disability insurance benefits shall be entitled to spouse's
insurance benefits if: (a) they have filed application for spouse's insurance benefits,
(b) they have attained age 62, (c) they are not married and (d) they were receiving
at least one-half of their support from the insured individual, or they were receiving
substantial contributions from the insured individual (pursuant to a written agreement),
or there was in effect a court order for substantial contributions to them support
from the insured individual.
The support requirement must be met:
-
(1)
At the beginning of the insured individual's period of disability; or
-
(2)
At the time they became entitled to disability or retirement insurance benefits.
Effective January 1973, the one-half support provision no longer applies.
7235.4 “B1” ENTITLEMENT—INSURED STATUS, AGE, APPLICATION, SUPPORT
Section 202(c)(1) of the Social Security Act provides that the spouse of an individual
entitled to retirement or disability insurance benefits, shall be entitled to spouse's
insurance benefits, if they have filed application for spouse's insurance benefits,
have reached age 62, and were receiving at least one-half of their support from the
insured individual at one of the following times: At the beginning of their period
of disability, or at the time they became entitled to disability or retirement insurance
benefits.
Effective March 1977, the one-half support provision no longer applies.
7235.5 CHILD — INSURED STATUS, AGE, APPLICATIONS, MARITAL STATUS, DEPENDENCY
Section 202(d)(1) of the Social Security Act provides that a child of an individual
entitled to retirement or disability insurance benefits or an individual who died
fully or currently insured, shall be entitled to child's insurance benefits if the
child (a) has filed application for child's insurance benefits, (b) at the time the
application was filed was not married, and either had not attained age 18 or was a
full-time student and had not attained age 19, or is under a disability as defined
by the Act which began before he reached age 22 and (c) was dependent upon the insured
individual at one of the following times:
-
(1)
At the time the child's application was filed; or
-
(2)
At the beginning of the insured individual's disability; or
-
(3)
At the time the insured individual became entitled to disability insurance benefits.
7235.6 STUDENT — INSURED STATUS, AGE, APPLICATION, EDUCATIONAL INSTITUTION
Section 202(d)(6) of the Social Security Act, as applicable, states that an individual
is eligible for student benefits if the individual:
-
•
meets the requirements for child’s benefits;
-
•
has attained the age of 18; and
-
•
is a full-time elementary or secondary school student and has not attained age 19.
7235.7 “D” (WIDOW) ENTITLEMENT—INSURED STATUS, AGE, APPLICATION
Section 202(e) and 227 of the Social Security Act provides that the widow of an individual
who died fully or transitionally insured shall be entitled to widow's insurance benefits
if they: (a) are unmarried unless they remarried after attaining age 60, (b) have
attained age 60, or have attained age 50 but not age 60 and are under a disability
as defined in the Act and (c) have filed application for widow's insurance benefits.
7235.8 SURVIVING DIVORCED SPOUSE—INSURED STATUS, AGE, APPLICATION, SUPPORT — NO CHILD
Section 202(e) of the Social Security Act provides that a surviving divorced spouse
of an individual who died fully insured shall be entitled to widow's insurance benefits
if the surviving divorced spouse: (a) is unmarried, (b) has attained age 60 or has
attained age 50 but not age 60 and is under a disability as defined by the Act, (c)
has filed an application for widow's insurance benefits, or was entitled, after attainment
of age 62, to spouse's insurance benefits, on this insured individual's earnings for
the month before the month in which they died, or was entitled on this insured individual's
earnings to parent's insurance benefits for the month before the month in which they
attained age 62.
The surviving divorced spouse who was not entitled to a benefit specified in item
(c) at the time indicated, must have been receiving at least one-half of their support
from the insured individual or receiving substantial contributions from them (pursuant
to a written agreement), or there was in effect a court order for substantial contributions
to them support from the insured individual, at one of the following times: (1) At
the time of their death, or (2) At the time they became entitled to retirement or
disability insurance benefits or (3) At the time their period of disability began.
Beginning January 1973, the one-half support requirement no longer applies.
7235.9 WIDOWER—INSURED STATUS, AGE, APPLICATION, SUPPORT
Section 202(f) of the Social Security Act provides that the widower of a fully insured
individual shall be entitled to widower's insurance benefits if they: (a) have not
remarried prior to age 60, (b) have attained age 60 or age 50 but not age 60 and is
under a disability as defined in the Act, (c) have filed an application for widower's
insurance benefits or were entitled to spouse's insurance benefits on the basis of
this insured individual's earnings the month before the month this insured individual
died and (d) were receiving at least one-half of the individual's support from them
at one of the following times: (1) At the time of their death, (2) At the time of
their entitlement to a retirement or disability insurance benefit or (3) At the time
their period of disability began.
Effective March 1977, the one-half support requirement need not be met.
7235.10 “E” (PARENT) — INSURED STATUS, AGE, APPLICATION, NONENTITLEMENT RIB, CHILD IN CARE
Section 202(g) of the Social Security Act provides that the widow of an individual
who died a fully or transitionally insured individual shall be entitled to mother's
insurance benefits if they: (a) are not married, (b) are not entitled to widow's insurance
benefits, (c) are not entitled to retirement insurance benefits or are entitled to
retirement insurance benefits each of which is less than three-fourths of the deceased
insured individual's primary insurance amount, (d) have filed an application for mother's
insurance benefits based on this deceased insured individual's earnings for the month
before the month in which they died, and (e) at the time of filing the application,
they have in their care a child of the deceased insured individual entitled to a child's
insurance benefit.
7235.11 SURVIVING DIVORCED PARENT—INSURED STATUS, APPLICATION, NONENTITLEMENT RIB, CHILD
IN CARE, SUPPORT
Section 202(g) of the Social Security Act provides that a surviving divorced spouse
of an individual who died a fully or currently insured individual shall be entitled
to mother's insurance benefits if the surviving divorced spouse: (a) is not married,
(b) is not entitled to widow's insurance benefits, (c) is not entitled to retirement
insurance benefits or is entitled to retirement insurance benefits each of which is
less than three-fourths of the deceased insured individual's primary insurance amount,
(d) has filed an application for mother's insurance benefits or was entitled to spouse's
insurance benefits based on this deceased insured individual's earnings for the month
before the month in which they died, (e) at the time of filing the application, they
have in their care a child of the deceased insured individual entitled to a child's
insurance benefit and (f) at the time of the insured individual's death or at the
beginning of their period of disability:
-
1.
They were receiving at least one-half of their support from insured individual; or
-
2.
They were receiving substantial contributions from insured individual (pursuant to
a written agreement); or
-
3.
There was a court order for substantial contributions to them support from insured
individual.
Effective January 1973, the one-half support requirement no longer applies.
7235.12 PARENT—INSURED STATUS, AGE, APPLICATION, SUPPORT
Section 202(h) of the Social Security Act provides that a parent of an individual
who died fully insured or who died and was entitled to disability insurance benefits,
shall be entitled to parent's insurance benefits if: (1) The parent has filed an application,
(2) has reached age 62, (3) was receiving at least one-half support from the insured
individual at the time the period of disability began or at the time of the insured's
death and (4) has not married since the insured individual died.
7236. LUMP-SUM DEATH PAYMENT—AMOUNT
Section 202(i) of the Social Security Act provides that upon the death of an insured
individual an amount equal to three times the insured individual's primary insurance
amount or an amount equal to $255, whichever is smaller, shall be paid in a lump sum
to the entitled individual.
7236.1 LUMP-SUM DEATH PAYMENT TO SPOUSE
Section 202(i) of the Social Security Act provides that upon the death of an insured
individual a lump-sum shall be paid to the insured individual's widow or widower if
they were living in the same household at the time of the insured individual's death.
7236.2 LUMP-SUM DEATH PAYMENT—EQUITABLY ENTITLED PERSON
Section 202(i) of the Social Security Act provides that upon the death of an insured
individual a lump-sum amount shall be paid to the funeral home(s) if all or part of
the burial expenses of the insured individual by or through the funeral home(s) remains
unpaid, and the lump-sum amount cannot be paid to an entitled widow or widower:
If all the burial expenses incurred by or through a funeral home(s) have been paid,
then the lump sum shall be paid to any person(s) equitably entitled, to the extent
and in proportions that they paid the burial expense.
If any part of the lump-sum payment remains unpaid after reimbursement of the funeral
home expenses, the remainder shall be paid to the person(s) equitably entitled to
the extent and in proportions they paid the other expenses in connection with the
burial of the insured individual in the following order of priority: (a) Expenses
of opening or closing the grave, (b) expenses of providing the burial plot and (c)
any remaining expenses, in connection with burial of the insured individual.
7237. WAGE EARNER DEPORTED
Section 202(n) of the Social Security Act provides that if any individual is deported
after September 1, 1954, under paragraph (1), (2), (4), (5), (6), (7), (10), (11),
(12), (14), (15), (16), (17) or (18) of section 241(a) of the Immigration and Nationality
Act, no monthly benefits shall be paid to the deported individual on the basis of
their wages or self-employment income for any month occurring (1) after the month
in which the Secretary of Health and Human Services is notified by the United States
Attorney General that the individual has been deported and (2) before the month in
which the individual is later lawfully admitted to the United States for permanent
residence.
7239. 7-DAY WORK TEST
Section 203(c) of the Social Security Act provides that deductions shall be made from
any payment or payments under Title II of the Act to which the individual is entitled,
until the total of the deductions equals the individual's monthly benefit amount under
Section 202 of the Act. This shall apply to any month in which the individual receiving
the benefit payment is under the age of 72 and, on seven or more different calendar
days, be engaged in noncovered remunerative activity outside the United States.
7239.1 7-DAY WORK TEST FOR AUXILIARY WHEN WAGE EARNER IS WORKING
Section 203(d) of the Social Security Act provides that deductions shall be made from
any spouse's or child's insurance benefit payable, under Title II of the Act, for
any month in which the insured individual is under age 72 and on seven or more different
calendar days, be engaged in noncovered remunerative activity outside the United States.
7239.2 DEFINITION OF NONCOVERED REMUNERATIVE ACTIVITY
Section 203(k) of the Act provides that an individual shall be considered to be engaged
in noncovered remunerative activity outside the United States, if they perform service
outside the United States as an employee and such services do not constitute employment
as defined in Section 210 of the Act, or if they carried on a trade or business other
than performance of service as an employee outside the United States, the net income
or loss of which: (1) is not includable in computing their net earnings from self-employment
for a taxable year, and (2) would not be excluded from net earnings from self-employment,
if carried on in the United States.
7242. AUTHORITY FOR RULES AND REGULATIONS
Section 205(a) of the Act gives to the Secretary of Health and Human Services full
power and authority to make rules and regulations and to establish necessary or appropriate
procedures to carry out the provisions of the Act.
7243. ALLEGED EARNINGS NOT POSTED
Section 205(c) of the Act provides that the Social Security Administration's records
are evidence of wages paid to an individual and for the period in which the wages
were paid. The absence of an entry is considered evidence that no wages were paid
during that period. However, the records may be corrected if the Secretary of Health
and Human Services is notified that an entry or the lack of an entry is in error and
proof of the wages is submitted.
7244. DETERMINATIONS OF MILITARY SERVICE TO BE MADE BY SERVICE DEPARTMENT
Section 205(p) of the Act provides that with respect to Military Service, the Secretary
of Health and Human Services shall not make determinations as to whether an individual
has performed such service, or the periods of service, but shall accept the determinations
of the appropriate Military Service department. Such determinations shall be final
and conclusive.
7245. AGRICULTURAL LABOR BEFORE 1951
Section 209(b) of the Act, as it existed prior to 1951, provides that service performed
in agricultural labor before 1951 cannot be considered “employment” for social security purposes.
7246. FEDERAL EMPLOYMENT PRIOR TO 1951
Section 209(b) of the Act, as it existed prior to 1951, provides that service before
1951 in the employ of the United States Government, or any of its agencies cannot
be considered “employment” for Social Security purposes.
7247. EXCLUSION OF REMUNERATION PAID PRIOR TO 1937 FROM DEFINITION OF WAGES
Section 209(a)(7) of the Act, prior to 1951, provides that the term “wage” means all remuneration for employment, including the cash value of all remuneration
paid in any medium other than cash, except that such terms shall not include any remuneratives
paid to an individual prior to January 1, 1937.
7248. GENERAL — FOR NONCOVERED EMPLOYMENT AFTER 1950 — NEEDS TYPE OF SERVICE TO BE ADDED
BY REVIEWER
Section 210(a) of the Act provides, in part, that the term “employment” means any service, of whatever nature, performed after 1950 by an employee for the
person employing them irrespective of the citizenship or residence of either within
the United States or outside the United States, by a citizen of the United States
as an employee of an American employer as defined in the Act, except such term shall
not include...
7249. FEDERAL EMPLOYMENT COVERED BY ANOTHER FEDERAL RETIREMENT SYSTEM — AFTER 1950
Section 210(a) of the Act provides that service performed in the employ of the United
States Government or any of its agencies cannot be considered “employment” for Social Security purposes if the service is covered by retirement system established
by law of the United States.
7250. DEFINITION OF A QUARTER OF COVERAGE — WAGES
Section 213(a) defines a quarter of coverage as a calendar quarter in which a person
was paid $50 or more in wages for employment covered by social security for the period
1937 through December 30, 1977. Effective January 1, 1978, a quarter of coverage is
credited (up to a maximum of four) for each $250 in total earnings in a calendar year.
A calendar quarter is the 3-month period ending March 31, June 30, September 30 or
December 31 of any year after 1936.
7250.1 DEEMED QUARTERS OF COVERAGE FOR EACH $400 POSTED PRIOR TO 1951
Section 213(c) of the Act provides that, for purposes of section 214(a), an individual
shall be deemed to have one quarter of coverage for each $400 of their total wages
prior to 1951, if the individual is not fully insured under the provisions of sections
213(a) and 214(a) of the Act.
7252. INSURED STATUS
Section 214(a) of the Social Security Act provides that the term “fully insured
individual” means any individual who had not less than one quarter of coverage (whenever acquired)
for each calendar year elapsing after 1950 and before they attained age 62, or the
year of their death, whichever occurred first, except in no case shall they be a fully
insured individual with less than six quarters of coverage.
7252.1 CURRENTLY INSURED STATUS
Section 214(b) of the Act provides that a person is currently insured if they have
credit for at least six quarters of coverage during the 13-quarter period ending with
the quarter in which they died.
7255. DEFINITION OF SURVIVING DIVORCED SPOUSE
Section 216(d)(2) of the Social Security Act provides that the term “surviving divorced
wife” means a person divorced from an individual who has died, but only if they had been
married to the individual for a period of 20 years immediately before the date the
divorce became effective.
The 1977 amendments modified the definition of surviving divorced spouse. Effective
for benefits payable January 1979, in order for a claimant to be entitled as a surviving
divorced spouse, the claimant must:
- (a)
-
Be finally divorced from the wage earner (regardless of the date of the divorce);
and
- (b)
-
Have been married to the wage earner for a period of at least 10 years immediately
before the date the divorce became final.
7256. DEFINITION OF DIVORCED SPOUSE
Section 216(d)(1) of the Act provides that the term “divorced wife” means a person divorced from an individual, but only if that person had been married
to such individual for a period of 20 years immediately before the date the divorce
became effective.
The 1977 amendments to the Social Security Act modified the definition of a divorced
spouse. Effective for benefits payable January 1979, in order for a claimant to be
entitled as a divorced spouse, the claimant must:
- (a)
-
Be finally divorced from the wage earner (regardless of the date of the divorce);
and
- (b)
-
Have been married to the wage earner for a period of at least 10 years immediately
before the date the divorce became final.
7257. DEFINITION OF SURVIVING DIVORCED PARENT
Section 216(d)(3) of the Act provides that the term “surviving divorced mother” means a person divorced from an individual who died, but only if: (1) They are the
parent of their child, (2) They legally adopted their child while they were married
to the individual who died and when the child was under age 18, (3) That individual
legally adopted the child while that person was married to the individual and when
the child was under age 18 or (4) They were married to the individual at the time
both of them legally adopted a child under the age of 18.
7258. DETERMINING STATUS OF SPOUSE
Section 216(h) of the Act provides that an applicant is the spouse of an insured individual
of the courts of the State in which the insured individual was domiciled at the time
they filed the application would find that they and the insured individual were validly
married at the time they filed the application, or if the courts would find that they
had the same status with respect to taking intestate personal property of the insured
individual as the insured individual's spouse. If the insured individual is not domiciled
in any State, the laws that would be applied by the Courts of the District of Columbia
shall be followed.
In any case where the individual is not (and is not deemed to be) the spouse of the
insured individual, but it is established that they in good faith went through a marriage
ceremony with the insured individual, the purported marriage shall be deemed a valid
marriage for Social Security purposes if (1) The marriage would have been valid but
for a legal impediment not known to them at the time of the ceremony, and (2) they
and the insured individual were living in the same household at the time they filed
the application for benefits.
7259. DETERMINING STATUS OF WIDOW
Section 216(h) of the Act provides that an applicant is the widow of an insured individual
if the courts of the State, in which the insured individual was domiciled at the time
of the insured individual's death, would find that they and the insured individual
were validly married at the time of the insured individual's death, or the courts
would find that they had the same status with respect to taking intestate personal
property of the insured individual as the insured individual's widow. If the insured
individual is not domiciled in any State, the laws that would be applied by the Courts
of the District of Columbia shall be followed.
In any case where the individual is not (and is not deemed to be) the widow of the
insured individual, but it is established that they in good faith went through a marriage
ceremony with the insured individual, the purported marriage shall be deemed a valid
marriage for Social Security purposes if: (1) The marriage would have been valid but
for a legal impediment not known to them at the time of the ceremony, and (2) they
and the insured individual were living in the same household at the time of the insured
individual's death.
7262. MILITARY SERVICE—9/16/40-7/24/47
Section 217 of the Act provides that a veteran who served in the active military or
naval service of the United States from September 16, 1940, through July 24, 1947,
is considered to have been paid wages of $160 for each month or part of a month in
which they had active service. A veteran was a member of the United States Army, Navy,
Marine Corps or Coast Guard.
7262.1 MILITARY SERVICE—7/25/47-12/31/56
Section 217(e) of the Act provides that a veteran who served in the active military
or naval service of the United States from July 25, 1947, through December 31, 1956,
is considered to have been paid wages of $160 for each month or part of a month in
which they had active service.
7262.2 MILITARY SERVICE—9/16/40-12/31/56
Section 217 of the Act provides that a veteran who served in the active military or
naval service of the United States from September 16, 1940, through December 31, 1956,
is considered to have been paid wages of $160 for each month or part of a month in
which they had active service.
7262.3 MILITARY SERVICE — EFFECT ON SOCIAL SECURITY CREDIT WHEN USED BY ANOTHER FEDERAL
AGENCY
Section 217 of the Act provides that this period of military or naval service cannot
be used for Social Security purposes if a benefit, which is based on all or part of
the period of service, is payable by another agency of the United States, other than
the Veterans Administration.
7264. DISABILITY INSURED STATUS BEFORE AGE 24 OR BETWEEN AGES 24 AND 31
Section 223 of the Act provides that if a person's disability began before age 24,
they need credit for six quarters of coverage during the 12-quarter period ending
with the quarter they became disabled.
If a person's disability began between the ages of 24 and 31, they need credit for
at least one-half of the calendar quarters after age 21 through the quarter before
age 31 in which they became disabled.
7264.1 DISABILITY INSURED STATUS AT AGE 31 OR LATER
Section 223 of the Act provides that a person whose disability began at age 31 or
later must meet two provisions of the earnings requirement. One, they need credit
for 20 quarters of coverage (5 years work) during the 40-quarter (10-year) period
ending in or after the quarter in which they became disabled. And second, they need
credit for one calendar quarter of work for each year after 1950 (or after reaching
age 21, if that is later), up to the year their disability began. In the second instance,
the credits may have been earned at any time.
7265. ONE-HALF SUPPORT — WHEN RECEIVING, DEFINES SUPPORT, REASONABLE PERIOD
Regulations No. 4, section 404.366 of the Social Security Administration provides
that, a person was receiving at least one-half of their support from the insured individual
at a specified time, if the insured individual, for a reasonable period before the
specified time, made regular contributions in cash or kind to the claimant's support.
The amount of such contributions must equal or exceed one-half of the claimant's support
during the reasonable period.
The term “support” includes food, shelter, clothing, ordinary medical expenses and other ordinary and
customary items for maintenance of the claimant.
The term “contribution” means contribution actually provided by the contributor from their own property,
or the use thereof, or by the use of their credit.
The term “reasonable period” ordinarily means a period of 12 months ending on a specific date.
7266. FAILURE TO SUBMIT EVIDENCE
Regulations No. 4 of the Social Security Administration, section 404.704, provides
that a person must submit any necessary evidence to support their claim. Their failure
to do so is a basis for determining that the conditions of entitlement for benefits
have not been met.
7267. EVIDENCE OF AGE — (LISTING OF ACCEPTABLE DOCUMENTS NOT INCLUDED)
Regulations No. 4, section 404.716 of the Social Security Administration provides
that, if an individual's age is a condition of entitlement or is otherwise relevant
to the payment of a benefit, the individual shall submit a public record of birth
or a church record of birth or baptism established or recorded before their fifth
birthday, if available. Where such record is not available, the individual shall submit
another document or documents which may serve as a basis for a determination of their
date of birth provided such evidence is corroborated by other evidence or by information
in the records of the Social Security Administration.
7268. EVIDENCE OF PARENT'S SUPPORT
Regulations No. 4 of the Social Security Administration, section 404.750, provides
that a parent shall present evidence that they received at least one-half of their
support from their child during the 1-year period immediately before the child's death.
7269. THE LIMITATION FOR REQUESTING RECONSIDERATION
Regulations No. 4, section 404.909 of the Social Security Administration provides
that a request for reconsideration shall be made in writing and filed at an office
of the Social Security Administration or if the person is outside the United States,
with an American Embassy or consulate, within 60 days from the date of receipt of
the notice of the initial determination.
7270. SHOW GOOD CAUSE FOR LATE FILING OF RECONSIDERATION REQUEST
Regulations No. 4, section 404.911 of the Social Security Administration provides
that, for good cause shown, the party to an initial determination may file a request
for reconsideration after the time for filing has passed.
7272. WHEN PRIOR DETERMINATION MAY BE REOPENED
Regulations No. 4, section 404.988 of the Social Security Administration provides
that an initial, revised or reconsidered determination which is otherwise final may
be reopened:
- (a)
-
Within 12 months from the date of notice of the initial determination to the claimant,
or
- (b)
-
After the initial 12-month period, but within 4 years after the date of the notice
of the initial determination to the claimant, upon a finding of good cause for reopening
such determination, or
- (c)
-
At any time when: (1) the initial, revised or reconsidered determination or decision
was procured by fraud or similar fault of the claimant or some other person, or (2)
an adverse claim has been filed against the same earnings record.
7272.1 WHEN “GOOD CAUSE” MAY BE DEEMED TO BE MET
Regulations No. 4, section 404.989 of the Social Security Administration provides
that for the purposes of section 404.988, “good cause” shall be deemed to exist where:
- (a)
-
New and material evidence is furnished;
- (b)
-
A clerical error has been made in the computation or recomputation of benefits; or
- (c)
-
There is an error as to such determination or decision on the face of the evidence
on which the determination or decision is based.
7274. PHILIPPINE SCOUT DEFINED AS “VETERAN”
Section 404.1312, Regulations No. 4 of the Social Security Administration provides
that the term “veteran” includes a member of the Philippine Scouts who performed active service under the
direct supervision of recognized United States military authority.
7275. EVIDENCE OF MILITARY SERVICE
Regulations No. 4, section 404.1370 of the Social Security Administration provides,
in part, that evidence of a veteran's military service can be among other things,
certified statement from the appropriate branch of the Armed Forces setting forth
the individual's history of military service.